Common use of Seller’s Default Clause in Contracts

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.00. Buyer and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer agrees to release and hold the Seller-Related Parties (as hereafter defined) harmless from any and all claims associated with Seller’s breach of this Agreement.

Appears in 61 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement

AutoNDA by SimpleDocs

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.00. Buyer Xxxxx and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer Xxxxx agrees to release and hold the Seller-Related Parties (as hereafter defined) harmless from any and all claims associated with Seller’s breach of this Agreement.

Appears in 14 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.00. Buyer and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer agrees to release and hold the Seller-Seller- Related Parties (as hereafter defined) harmless from any and all claims associated with Seller’s breach of this Agreement.

Appears in 5 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) 10 business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.003,500.00. Buyer Xxxxx and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer Xxxxx agrees to release and hold the Seller-Related Parties (as hereafter hereinafter defined) harmless from any and all claims associated with Seller’s breach of this Agreement.

Appears in 4 contracts

Samples: Real Estate Auction Purchase Agreement, Estate Auction Purchase Agreement, Real Estate Auction Purchase Agreement

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) 10 business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.003,500.00. Buyer and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer agrees to release and hold the Seller-Related Parties (as hereafter hereinafter defined) harmless from any and all claims associated with Seller’s breach of this Agreement.

Appears in 2 contracts

Samples: Real Estate Auction Purchase Agreement, Real Estate Auction Purchase Agreement

AutoNDA by SimpleDocs

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) business days, thereafter, unless such deadline is extended by the parties’ written agreement, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-of- pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Effective Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.00Ten Thousand Dollars($10,000.00) . Buyer Xxxxx and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer Xxxxx agrees to release and hold the Seller-Related Parties (defined as hereafter defined) The Xxxxxxx Group Inc and its Agents harmless from any and all claims associated with Seller’s breach of this Agreement. The Seller shall also be responsible for compensating the Xxxxxxx Group Inc. a fee of Five (5%) of the total purchase price.

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within ten (10) business days, thereafter, unless such deadline is extended by the parties’ written agreement, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-of- pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Effective Date through the date of termination, but in no event shall Seller’s liability for such damages exceed $3500.00Ten Thousand Dollars($10,000.00) . Buyer and Seller acknowledge that actual damages would be difficult to calculate and that the foregoing is a reasonable estimate of the likely damages. The foregoing remedy shall be Buyer’s sole remedy at law or in equity, and Buyer waives any other damages, amounts or remedies. Except as provided above, Buyer agrees to release and hold the Seller-Related Parties (defined as hereafter defined) The Xxxxxxx Group Inc and its Agents harmless from any and all claims associated with Seller’s breach of this Agreement. The Seller shall also be responsible for compensating the Xxxxxxx Group Inc. a fee of Five (5%) of the total purchase price except no such compensation is due if the cause of Seller default is an “Act of God” and/or government action or inaction.

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.